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HomeMy WebLinkAbout2735 r~ t . _ . - ~ ' ~ Noa•Mut 4!343 ~TIiIS AG1tEEMBNT, made this 6th day of, N~tuber 1!~ Via: [1C-916-0~_ _ ~ R,AY TbiO S,$~ L?D j between A Florida limited partaership f ~f s ,hereinafter called the Grower), and TROPICANA PRODUCTS, INC., of Bradenton, Florida, the Buyer. t WITNF.SSE'fH: That the Grower, for and in consideration of the payments received and to be received as hereinaRer recited has agreed and does hereby agree to sell b the Buyer all early. midsesson and Valencia oranges of good wholesome, merchantable, and marketable quality from the grove or groves hereinafter mentioned. The fruit to be pucc)rased, all of which Quit is to be of good. wholesome. merchantable and marketable quality, is as follows: 1 All NAKLIN, PINEAPPLE, VALENCIA 6 TBMP'I.B ORAt3GES in~the KAY TWO GROVE, L?D. GROVES with the exception of that fruit ae listed in Bxhibit A attached hereto, and made a part hereof for a legal daecription of the grave or groves covered by this Participa• ttioa Agreement. . Sea ADDBNDIF! to this Fruit Participation Agreement attached hereto and made a i part hereof for additional farms and eonditiow. . 1 No fruit from any of such groves is to be sold of delivered by the Grower to anyone other than the Buyer without Buyer's written periniasion and this entire agreement is to be a lien upon the fruit produced in the above grove or groves, irrespective of any subsequent transfer of title to than. In the went of any attempt to eo sell to another. the Buyer shall be entitled to injunMive relief and if any such sale or delivery is eonaummated, the Buyer shall be entrtled to such other relief as is allowed by the applicable law. If fire, strike, Act of Cod, etc. prevents Buyer from accepting any of Grower's trait. Buyer will perinitGrower to sell elsewhere the amountof fruit that Buyer is so prevented from accepting. ` The fruit is to be picked by Grower and is to be delivered by Grower to Buyers processing plant. In the event that, through circumstances beyond his control, the Grower shall be unable to pick and load the fruit, the Buyer shall have the right to do ao charging the Grower for such service at Buyer a cost. In the event that, for reasons beyond Grower's control, Grower shall be unable to transport the fruit, Buyer shall have the right to transport the fruit charging the grower for such service per ninety (90 lb.) pound box. In both ` cases, this shall be the Buyer a right, but not obligation. The fruit is to be picked and delivered as and when designated by Buyer but in this respect the Buyer will ae much as possible. but not to hinder his operation. accommodate himself to convenience of Gmwer. The Kuyer shall have the right, but not the obligation, to take fruit having degrees Brix lower than 9.5°. He shall have the right. but not the - obligation, to take fruit having a Bri:acid ratio lower than 11 to 1 up to January 1 of each growing season and lower than 12 to 1 after January 1 of each growing season. No fruit will be delivered under contraM after July 15 of current season without consent of Buyer. Buyer will not be required to take any Temples, Murcotts, Tangelos, or Navel Oranges. t The fruit is to be paid for as follows: The Buyer will advance the Grower weekly for all fruit delivered during that week at the rate of Fiin6 of Buysri spot market price per pound of solids at the time of delivery.,Thia is to be known as the "tentative price."In the event that the fruit has bey picked or transported. or both, by the Buyer. the charges for such service asset forth above are to be deducted from the "tentative prict"before payment ie made. The final price to be paid to the Gmwer will be balled upon the net amount received by the ( Buyer for the chilled orange juice sold. All fivit received from all sources (including'Ilropicana'e own oranges, and all the oranges they ~ may buy) will be used in computing price and all aupplienr will be treated equally. The price for fruit classified as early and midseason fruit will be determined as one category and the price for fruit classified as late season will be determined as a separate category The price for the first category (early mideeason fruit) will be computed as follows: the Buyer will deduct from his net amount received (F.O.B. Bradenton. Florida), certain items of cost and profit as follows: t 1. For operating expenses, including plant, storage, freezing, i.f35 per rase of chilled juice sold warehousing, selling, administration expenses etc. market price of the foregoing 2 For packaging meterrals. items or similar packaging ae determined by Buyer (not W be determined by prices charged by ~ Profit affiliated rnmpanies). dO~K~~ pb~~ / ~ 396 of net F.O.B. selling price _ -'-r _ = _ -